PLEASE READ CAREFULLY THIS PRIVACY NOTICE (the “Notice”) THAT WE PUT AT YOUR DISPOSAL IN COMPLIANCE WITH THE LEGISLATION IN FORCE IN THE REPUBLIC OF CHILE (“Chile”) REGARDING THE PROTECTION OF PERSONAL DATA IN POSSESSION OF INDIVIDUALS.
Personal data is the information corresponding to an identified or identifiable private individual or legal entity (the “Account Holder”), such as name, identification number, location data, an online identifier, one or more elements of physical identity , physiological, genetic, psychic, economic, cultural or social of such person that allows us to identify one or more individuals (“Personal Data”).
At FLOW S.A. (“FLOW”), the address to receive notifications is located at, 7 NORTE 360 OF 1 VIÑA DEL MAR, CP 2520131, CHILE we know how important it is for you to protect the Personal Data that you share with us. The purpose of this Notice is to inform you of any operation or set of operations, whether automated procedures or not, such as collection, registration, organization, structuring, conservation, adaptation or modification, extraction, consultation, use, communication by transmission, diffusion or any other type of access enablement, collation or interconnection, limitation, deletion or destruction (“Treatment”) of your Personal Data.
At all times, you are the sole Owner of the Personal Data that you provide to us. By accepting this Notice, we act as ” the responsible party” for the Processing of your Personal Data and we promise only to collect and use it in accordance with the provisions of this Notice and exclusively for the purposes you have authorized as provided herein.
This Notice applies to any site owned by FLOW as well as related sites, mobile applications and digital tools, regardless of the form and place of access.
WHAT IS THE PERSONAL DATA WE COLLECT?
At FLOW we collect your Personal Data only to the extent that you provide it to us. By accepting this Notice and providing us with your Personal Data, you are expressing your consent to the Processing of your Personal Data in accordance with the provisions herein.
Category of Personal Data Data
- Full name:
- Date of birth:
- Contact telephone:
- Position in the company:
- Type of business:
- Total Yearly Sales Volume (USD):
- Average Transaction Value (USD):
Additional data that might be requested:
- Id / Passport of account holder.
- Bank Statement
- Proof of Address.
- Company Registration (When applicable).
- Beneficial Owner form signed.
- Beneficial Owner Id / passport.
At any time you may revoke your consent to this Notice in accordance with the provisions of the Section called “MECHANISM AND PROCEDURE FOR THE REVOCATION OF CONSENT.”
At FLOW we have the appropriate technical, administrative and organizational security measures to guarantee a level of security that allows us to protect your Personal Data against any: destruction, loss, accidental or illegal alteration, and unauthorized communication or access such as: (i) pseudonymisation and the encryption of personal data, (ii) the ability to guarantee the permanent confidentiality, integrity, availability and resilience of the Treatment systems and services, (iii) the ability to restore the availability and access to Personal Data quickly in case of physical or technical incident, (iv) a process of regular verification, evaluation and assessment of the effectiveness of the technical and organizational measures to guarantee the security of the Treatment. However, in the event that we have any violation of our security, we will notify you at the immediate moment in which we become aware of said violation, when it significantly affects your economic or moral rights, so that you can take the measures corresponding in defense of your rights.
SENSITIVE PERSONAL DATA TO BE PROCESSED
At FLOW, we [do not] use Sensitive Personal Data. If for any reason you provide us with any of this data, it will be used exclusively to the extent that you have authorized it and for the minimum necessary time. If for any reason you were to provide us with any of these data, it will be used exclusively to the extent that you have authorized it and for the duration of the commercial relationship, the same data that will be deleted immediately once this relationship is canceled or upon request. User’s express information, the information you share is stored in an encrypted repository and is available to those responsible for the process designated by FLOW. However, it should be borne in mind that Flow may be legally obliged to keep the data for a longer time at the request of financial investigation units, tax authorities, customs, independent administrative authorities or financial market supervisory bodies in charge of regulation. and supervision of the securities markets, competent services in matters of social security or public health, among others, which will depend on what the legislation of the corresponding country imposes on us, which may be the country where the transaction is carried out, the one that corresponds to the domicile, residence or nationality of the User, that of the domicile of an intermediary who has the same legal obligation in his country, etc.
PURPOSES OF THE TREATMENT
At FLOW we collect your Personal Data for the following purposes: (i) identify and manage the registration of your Flow User, (ii) answer the questions of our users, (iii) carry out the necessary steps to formalize contracts (vi ) processing, updating, modification, cancellation and / or confirmation of the services, products, and information sent by FLOW to the Holders through the Website, mobile applications, telephone calls and / or email, (v) comply with the Obligations contracted by the Holder with FLOW, (viii) respond to requests to exercise the cancellation of the consent of Personal Data or Arco Rights of the Holders.
Likewise, the Personal Data collected may be used for the following additional purposes that are not directly related to the services provided or products offered, but which help us provide better service to the holders: (i) evaluation of the quality of services , (ii) receiving news, offers, promotions and information from FLOW, (iii) sending newsletters, as well as (iv) sending information for marketing, advertising and commercial prospecting purposes with the prior authorization of the user.
As Responsible for your Personal Data, we will ensure that they are pertinent, correct and kept updated. When your Personal Data is no longer necessary for the fulfillment of the purposes set forth in this Notice, as well as the applicable legal provisions, we will proceed to cancel them or under an instruction from the user.
TRANSFERS OF PERSONAL DATA
We undertake not to transfer your Personal Data to Third Parties, without your prior consent, except for the following exceptions: (i) when the transfer is provided for in a Law or Treaty to which Chile is a party; (ii) when the transfer is necessary for the prevention or medical diagnosis, the provision of health care, medical treatment or the management of health services; (iii) when the transfer is made to holding companies, subsidiaries or affiliates under the common control of the person in charge, or to a parent company or to any company of the same group of the person in charge that operates under the same internal processes and policies; (iv) when the transfer is necessary by virtue of a contract entered into or to be entered into in the interest of the Holder, by the Responsible Party and a Third Party; (v) when the transfer is necessary or legally required to safeguard a public interest, or for the administration or administration of justice; (vi) When the transfer is necessary for the recognition, exercise or defense of a right in a judicial process, and (vii) When the transfer is necessary for the maintenance or fulfillment of a legal relationship between the Responsible party and the Holder.
OPTIONS AND MEANS THAT THE CONTROLLER OFFERS TO THE HOLDERS TO LIMIT THE USE OR DISCLOSURE OF THEIR PERSONAL DATA
To limit the use or disclosure of your Personal Data, not to receive promotions of our products and / or services, you can register for free in our internal exclusion lists, following the same procedure as indicated in the Section called “MEANS FOR EXERCISE OF THE RIGHTS ARCO ”following this Notice, unless expressly authorized by the user.
MEANS FOR THE EXERCISE OF ARCO RIGHTS (access, rectification, cancellation or opposition).
At any time you can access, rectify, cancel or oppose the use of your personal data by accessing your Flow platform with your username and password, requesting the modification of your personal data and the department in charge of Personal Data within FLOW (the “Person in Charge”) process such requests. Such request must contain the following: (i) name of the Holder and address or other means to communicate the response to your request; (ii) documents that prove your identity or the legal representation of the Holder; (iii) the clear and precise description of the personal data with respect to which you wish to exercise the ARCO rights; (iv) any other document that facilitates the location of the Personal Data, and (v) in the event of rectification, the documentation that supports your request.
We will notify you of the determination adopted within a maximum period of 20 (twenty) business days from when we receive the request so that, if it is appropriate, we can make it effective within a period of 15 (fifteen) business days from the point when we communicate this response. When circumstances justify it, the aforementioned terms may be extended for equal periods.
LIMITATION AND PORTABILITY OF YOUR PERSONAL DATA
At any time you can limit the Processing of your Personal Data, as well as request that we transmit them, following the same procedure in the section “MEANS FOR THE EXERCISE OF ARCO RIGHTS” above.
When the limitation prevents the provision of a service that you have contracted with us, the Treatment will continue as you have authorized it until the end of the service.
MECHANISMS AND PROCEDURES FOR THE REVOCATION OF CONSENT
PROCEDURE AND MEANS OF COMMUNICATING CHANGES TO THE PRIVACY NOTICE
We constantly try to improve our services, so we reserve the right to change this Privacy Notice from time to time, so we will alert you of any changes through a notice on the FLOW site. In order to continue using our services, you must accept each update in our Notice.
At FLOW we do not collect Personal Data from persons under 18 years of age. If you are a minor and for any reason you provide us with this information, when we realize it through our verification process we will proceed to the immediate cancellation of your personal data.
If you think that Personal Data from a minor could be in our records, we ask you to contact us by email at the following address firstname.lastname@example.org.
We strongly recommend that those under 18 years of age ask their parents for permission before submitting information about themselves over the Internet, and we encourage parents to teach their children safe Internet practices.